State Preemption

Landmark Land Use Bill Fails in Colorado Legislature
Colorado Governor Jared Polis’s effort to allow for more housing construction by preempting local control of zoning failed to achieve the required level of political support in the state legislature.

Parking Reform Bill to be Introduced at Federal Level
The legislation, which would ban parking requirements near transit to encourage housing development and bring down housing costs, would be a rare federal preemption of local control.

Boise’s New Zoning Code Cleared for City Council Approval
The Boise Planning Commission gave its approval to a new zoning code for the city of Boise. The City Council is expected to consider the draft zoning code in June.

Bill Legalizing ADUs Passes Texas Senate
If passed by the full state legislature, the bill would eliminate local restrictions on ‘mother-in-law’ units.

Upzoning Gutted From Colorado’s Statewide Housing Reform Effort
Colorado’s “More Homes Now” bill has been drastically reduced in scope and ambition, showing the contemporary zoning reform movement still has obstacles to overcome.

Montana Passes Sweeping Legislative Package to Rescind ‘California-Style-Zoning’
The Montana State Legislature recently approved a package of zoning reform bills modeled closely on bills approved in West Coast states, including the state of California, in recent years.

‘Missing Middle Housing’ Bill Passes in Washington Senate
The legislation would permit duplexes and, in some cases, fourplexes in residential areas in most Washington towns.

British Columbia Asserts Provincial Control Over Density
The Canadian province plans to override local opposition to loosening zoning regulations that restrict the housing supply.

Colorado Mountain Communities Line Up to Oppose Statewide Zoning Reforms
State preemption isn’t going over well with local government officials in the remote corners of Colorado.

Florida Law Bans Rent Control Statewide
The DeSantis administration has a signature housing bill. Florida has $711 million in funding for housing programs. Local governments have less power over zoning.

California Attorney General Wants to Get Serious About Housing
A bill sponsored by the AG’s office would give the state’s top attorney more power to intervene in lawsuits related to the state’s housing laws.

Colorado Governor Wants to Preempt Local Zoning Control
Colorado could be the latest state, following Oregon and California, to legislate statewide preemption of local zoning codes to allow for more housing development.

New York Governor Advances Housing Plan Amid Stiff Suburban Opposition
Governor Kathy Hochul’s ambitious proposal to create more housing has once again run into a brick wall of opposition in New York’s enormous suburbs, especially on Long Island. This year, however, the wall may have some cracks.

Arizona Housing Bill Fails in State Senate
The bill would have eliminated some parking requirements, legalized more types of affordable housing, and promoted increased housing production.

Housing Reform Package Under Consideration by Rhode Island General Assembly
The Rhode Island House Speaker has introduced a package of 14 bills intended to ease housing construction without stepping on any toes at the local level.

Montana Could Overhaul Land Use Laws
State legislators want to make comprehensive changes to land use and zoning laws to alleviate a growing housing shortage in the state’s urban areas.

Huntington Beach Mounts Legal Challenge to State-Mandated Density
The Orange County beachfront community has had enough of the California State Legislature’s preemption of local zoning laws.

Ohio Budget Could Fund Rural Roads, Ban Center Bike Lanes
Amendments proposed in the state budget would also prohibit automated traffic enforcement and allow residents to travel to Canada, Mexico, and the Caribbean with Real IDs in lieu of passports.

Report: How States Can Incentivize Housing Production
With many cities and local jurisdictions using zoning codes to slow housing development, policymakers at the state level are taking action to increase the housing supply.

Lawsuits Follow Housing Plan Failures in the San Francisco Bay Area
The Regional Housing Needs Assessment drama continues in California.
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